Citation : 2023 Latest Caselaw 8760 MP
Judgement Date : 14 June, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ROHIT ARYA
&
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 14 th OF JUNE, 2023
CRIMINAL APPEAL No. 7281 of 2023
BETWEEN:-
STATE OF MADHYA PRADESH THROUGH THANA
BAJRANGGARH, DISTRICT GUNA (MADHYA PRADESH)
.....APPELLANT
(BY SHRI A.K. NIRANKARI - PUBLIC PROSECUTOR)
AND
RINKU MEHTAR S/O AJAY MEHTAR, AGED 24 YEARS,
GRAM DHOLBAJ THANA CANTT DISTRICT GUNA
(MADHYA PRADESH)
.....RESPONDENT
Th is appeal coming on for admission this day, JUSTICE ROHIT
ARYA passed the following:
ORDER
Heard on I.A. No.10074 of 2023, which is an application under Section 378(3) Cr.P.C. moved on behalf of State seeking leave to appeal against the judgment of acquittal dated 13.03.2023 passed by Special Judge (POCSO Act) Guna (M.P.) in Special Case No.99/2020 (POCSO) whereby the respondent has been acquitted of the charges levelled against him under Sections 363A, 366A, 376 (3) IPC and under Section 5L/6 of the Protection of Children from Sexual Offences Act, 2012.
We have heard learned Public Prosecutor appearing on behalf of State.
We have also perused the impugned judgment.
In the light of the findings of the Trial Court which are based on critical evaluation of the evidence on record, conclusion of acquittal drawn particularly in view of para 11(1), 11(2), and 11(11) of the impugned judgment is found to be impregnable, as neither there is any illegality nor irregularity in the findings so recorded.
Accordingly, I.A. No.10074 of 2023 is rejected.
Consequently, present appeal stands dismissed.
(ROHIT ARYA) (SANJEEV S KALGAONKAR)
JUDGE JUDGE
yog
YOGESH
VERMA
2023.06.15
VALSALA
VASUDEVAN
2018.10.26
15:14:29 -07'00'
13:42:28
+05'30'
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